HEX Final Decision 2021-19 HEX NO. 2021-19
HEARING EXAMINER DECISION
DATE OF HEARING.
May 27, 2021
PETITION.
PL20180000487 First Haitian Alliance Church CU-Request for approval of Conditional Use
No. 1, "Churches," of the Estates (E) Zoning District as provided in Section 2.03.01.B.1.c. of
the Collier County Land Development Code (LDC), to allow a Church and related facilities
on 2.38+/- acres located at 2300 County Barn Road in Section 8, Township 50 South, Range
26 East in Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
First Haitian Alliance Church and Missionaries, Inc. requests Conditional Use approval for a
church with a maximum of 5,665 square feet and 215 seats at 2300 County Barn Road. Phase One
of the development will include a new 4,384 square foot building with 183 seats, and Phase Two
will include a 1,281 square foot future building housing 32 seats. A 0.208-acre preserve area is
dedicated to the rear of the site,constituting the minimum requirement of 10%of native vegetation
to be preserved. The remainder of the 2.38+/- acre site includes parking lot, sidewalks, drainage,
landscaping, utilities, easements along the front and south property lines, and lighting.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
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5. The County introduced the Petition and made recommendations, Petitioner and/or Petitioner's
representative presented the Petition, followed by public comment. There were no objections
at the public hearing.
6. The Neighborhood Information Meeting(NIM)was held on October 20, 2020 at First Haitian
Alliance Church at 4532 Tamiami Trail East, Suite 101. Thirty-two attendees were
documented. Inquiries about access, drainage,parking, sound, and lighting were addressed by
the Petitioner.
7. The County's Land Development Code Section 10.08.00.D. lists the criteria for the Hearing
Examiner to approve, approve with conditions or deny the conditional use and that granting
the Conditional Use will not adversely affect the public and any specific requirements
pertaining to the conditional use have been met by the petitioner. Also, that satisfactory
provision and arrangement has been made for the following matters, where applicable.'
A. Section 2.03.01.B.1.c. of the Land Development Code allows conditional uses in the E,
Estates,Zoning District.
The testimony and evidence in the record demonstrate that the requested use of a church
is allowed as a conditional use in the E, Estates, zoning district, subject to the standards
and procedures established in section 10.08.00, conditional use procedures, of the LDC.
B. Consistency with the Land Development Code and the Growth Management Plan(GMP).
The testimony and evidence in the record demonstrate that Section 2.03.02, of the LDC
permits conditional uses in the Estates zoning district. The requested use for a church and
related services is allowable in the Urban Estates zoning district, subject to the standards
and procedures established in section 10.08.00, conditional uses procedures, of the LDC.
This request is consistent with the Growth Management Plan (GMP) and, with the
conditions proposed by staff, this project will be in compliance with the applicable
provisions of the LDC.
C. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The testimony and evidence in the record demonstrate that ingress and egress to the subject
property will be limited to a single access points on County Barn Road as shown on the
master site plan. The TIS submitted by the applicant indicates that the adjacent roadway
network has sufficient capacity to accommodate this project within the 5-year planning
period as noted above and not adversely impact the surrounding roadway network. The
minimum parking requirements for Church contained in LDC Section 4.05.04, Table 17,
'The Hearing Examiner's findings are italicized.
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Parking Space Requirements, is 3 spaces for each 7 seats in the chapel or assembly area.
For the proposed facility, the parking required is 93 parking spaces and the Conceptual
Site Plan indicates that the facility will provide the required spaces with 36 paved (4
handicapped), 57 grass. To address traffic management, the following condition of
approval is included in staff's recommended conditions listed below: "For services and
other period and events of significant traffic generation, as determined by Collier County
Staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved service provider as directed by Collier County staff, with staffing at
the location(s) as direction by Collier County Transportation Engineering Division
Director or his designee. "
D. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The testimony and evidence in the record show that the conceptual site plan demonstrates
compliance with the LDC for perimeter landscape buffers, and the required setbacks are
exceeded with greater than 75 feet on the east and west side of the property and 30 feet on
the north and south sides of the property. This compliance with buffer and setback
standards will help mitigate potential effects the proposed conditional use could have on
the neighboring properties. Additionally, the conditions of approval will require that the
lighting proposed for the church will be LDC compliant and will be downwardly directed
to minimize light spillage upon adjacent properties. The applicant has also agreed to:
prohibiting outdoor amplified music or sound, unless permitted under a temporary use
permit for a special event; capping the number of special events to 12 per calendar year;
prohibiting daycare as a use on the property; limiting the site lighting to be dark sky
compliant;and providing for all site light poles, structures and fixtures to be shielded away
from residential property lines.
E. Compatibility with adjacent properties and other properties in the district.
The testimony and evidence in the record demonstrate that the proposed church facility
will meet the development standards of the LDC regarding height, setbacks, landscaping
and buffering, preserve requirements and other bulk standards. This helps ensure
compatibility of the proposed church with the surrounding residential uses. In addition,
conditions of approval have been identified to limit the number of events, the hours of
operations and the use of amplified sound, as well as capping the trips associated with the
facility. The conditions of approval also limit the accessory uses that can be associated
with the church. These conditions in coordination with the LDC required standards will
help ensure the proposed facility will be compatible with the surroundings.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public,the Hearing Examiner finds that there
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is enough competent, substantial evidence as applied to the criteria set forth in Section 10.08.00.D.
of the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20180000487, filed by
Andres Boral, P.E. of Boral Engineering& Design, Inc. representing First Haitian Alliance church
and Missionaries, Inc., with respect to the property described as 2300 County Barn Road,
approximately one-half mile south of Davis Boulevard in Section 8, Township 50 South, Range
26 East, Collier County, Florida, for the following:
• An application for Conditional Use No. 1, "Churches," of the Estates (E) Zoning District
as provided in Section 2.03.01.B.1.c. of the Collier County Land Development Code
(LDC), to allow a Church and related facilities on 2.38+/- acres.
Said changes are fully described in the Conceptual Site Plan attached as Exhibit"A"and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Conceptual Site Plan
LEGAL DESCRIPTION.
2300 County Barn Road, approximately one-half mile south of Davis Boulevard in Section 8,
Township 50 South, Range 26 East, Collier County, Florida. (8 50 26 NI/2 OF S1/2 OF SE1/4
OF SW1/4 OF NW1/4 LESS R/W; Parcel Number 00405440003).
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Church services or church related meetings and gatherings shall be limited to the hours of
8 am to 10 pm Monday through Sunday.
3. Leasing of the church facility to outside groups is prohibited.
4. Special events (operated by the church) are limited to twelve (12) per calendar year and
subject to a Temporary Use Permit as required, in accordance with the LDC.
5. Outdoor amplified music or sounds are prohibited, unless permitted under a Temporary
Use Permit for a special event.
6. The church is limited to a floor area of square feet 4,384 SF and 183 seats for Phase One
and 1,281 SF and 32 seats for Phase Two.
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7. Day care services are not included in this conditional use approval and shall not be offered
on site.
8. This conditional use shall be limited to a maximum of 8 PM peak hour weekday two-way
trips and a maximum of 114 peak hour, Sunday, two-way trips based on the use codes in
the ITE Manual on trip generation rates in effect at time of application for SDP/SDPA
approval.
9. The following accessory uses are permitted:
a. Outdoor play area
b. Storage sheds
c. Gazebos
d. Counseling and educational services (only in conjunction with the church services or
special events)
e. Covered pavilions
f. Food services (only in conjunction with the church services or special events).
10. For services and other period and events of significant traffic generation, as determined by
Collier County Staff, the property owner shall provide traffic control by law enforcement
or a law enforcement approved service provider as directed by Collier County staff, with
staffing at the location(s) as direction by Collier County Transportation Engineering
Division Director or his designee.
11. Site lighting shall adhere to the applicable Collier County Land Development Code Criteria
with the following conditions:
a. Site lighting will be Dark Sky compliant with flat panel and full cut off fixtures.
b. Site lighting will have a maximum height of 25-feet.
c. Project site light poles, structures and fixtures will be shielded away from residential
property lines.
DISCLAIMER.
Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes, and law.
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RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
X . >Z_..L...,.,_
June 10, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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